Arun Kumar Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.22874 of 2013 (3) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22874 of 2013 ====================================================== Arun Kumar Yadav, Son of Yugeshwar Prasad, Resident of Village- Pirhi, PostDihuli, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Rural Development Department, Government of Bihar.

3. The State Election Commissioner, Bihar through its Secretary, Sone Bhawan, Beerchand Patel Path, Patna.

4. The State Election Commissioner, Bihar, Sone Bhawan, Beer Chand Patel Path, Patna.

5. Gaytri Kumari, Wife of Dipu Kumar, resident of Village- Lala Bhasara, P.S.- Dulhin Bazar, District- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar. For the Respondent/s : Mr. Abhay Shankar Jha, SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-04-2016 Counsel for the parties are present.

The petitioner is aggrieved by the order dated 20.9.2013 passed by the State Election Commission in Case No.91 of 2011 filed by the petitioner seeking disqualification of the private respondent from the post of Member, Panchayat Samiti, inter alia, on grounds that the nomination was improperly accepted.

Mr. Dinu Kumar, learned counsel while espousing the case of the petitioner admits to the factual position regarding commencement of fresh Panchayat election by issuance of notification under 124 of the Bihar Panchayat Raj Act, 2006 rendering the issues academic in the present writ petition.

In the circumstances the writ petition is disposed of. (Jyoti Saran, J) SKPathak/- U